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This week's edition of PI & Clinical Negligence weekly highlights includes news of the DHSC’s new package of zero-tolerance NHS reforms and minutes of the latest CPR committee meeting. We have two High Court decisions on a clinical negligence claim where allegations of fundamental dishonesty were rejected and a ‘hazardous kerb’ cycling accident claim which failed on appeal. We also include our usual roundup of news, cases and New Law Journal articles of interest.
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Fixed costs in employer liability and public liability claimsNOTE: the CPR was amended on 1 October 2023 to extend the application of fixed recoverable costs. These amendments apply where:•the cause of action accrues on or after 1 October 2023 (the date of accrual will usually be the date of the
Part 36 offers in PI and clinical negligence claimsThis Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this, see Practice Note: Part 36 Offers—pre-6 April 2015 [Archived].The CPR was amended on 1 October 2023 to
What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the loss of qualified one-way costs shifting (QOCS) protection under CPR 44.16.The term ‘fundamental dishonesty’ is
Fundamental dishonesty—case trackerThis case tracker considers case law to date on fundamental dishonesty particularly in the context of the court’s power to dismiss a claim under section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) but also in the context of an exception to qualified
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